VOLUME XXXV NUMBER 3, 2013 The Main Event: Thirty-Eighth Annual Meeting June 3, 2013

The 38th Annual Meeting of the Society was held on supporter of the Society’s programs, and has hosted dinners Monday, June 3, 2013 at the United States Supreme Court. and lectures, and assisted in many other ways with his insight As usual, the fi rst event was the Annual Lecture, presented and suggestions. this year by Justice Antonin Scalia and Professor Bryan A. Joining the Justice on June 3rd was his co-author and Garner. The Justice and his colleague are coauthors of the collaborator, Professor Bryan A. Garner. Professor Garner recent: Reading Law: The Interpretation of Legal Texts. is a Distinguished Research Professor of Law at Southern The lecture highlighted Methodist University major themes from School of Law and is the book. A large and President of Lawprose enthusiastic audience atte- Inc., which specializes in nded in the Supreme Court providing CLE training Chamber. in legal writing. He is Society President well known in the legal Gregory P. Joseph intro- community as an author duced the speakers, and speaker. In addition observing that this was to his present book with the third time that Justice Justice Scalia, he also Scalia has presented the coauthored an earlier book Annual Lecture. His fi rst with the Justice: Making appearance, in 1985, was Your Case, the Art of before his appointment to Persuading Judges. the Supreme Court. At that Among lawyers Professor time, then-Judge Scalia Garner is well known as was serving on the Court the editor in chief of recent of Appeals for the District Justice Scalia was joined by Professor Bryan Garner (right) for the editions of the famous of Columbia. His talk was Annual Lecture. It marked the third time Justice Scalia has given Black’s Law Dictionary. not given in the Supreme the Annual Lecture. Justice Scalia and Court Building but rather Professor Garner each in the Old Supreme Court Chamber in the basement of the addressed elements of the book, frequently responding to Capitol. That venue was the setting of the Annual Lecture in one another’s comments. The normal lecture format was the early days of the Society. The growth of the Society has discarded and instead there was a lively and engaging necessitated the relocation of the event to the larger Supreme forum with fascinating, insightful, and at times humorous, Court Chamber. In 1986, only a year after giving the lecture, comments by both speakers. Audience members came to Judge Scalia was nominated to serve in his present position. understand that the language of a legal opinion or a legal He is now the longest-serving member of the current Court. brief must often be carefully examined to discern the The Society owes a sincere debt of gratitude to Justice precision of its meaning. As is customary, an article based Scalia for his support. He has been a generous and frequent Continued on Page 3 A Letter from the President Changes in the Laws. His vision became the blueprint for the Society’s leadership of the growth in the fi elds of publications and programs ever since. Society are a natural During Leon’s 11-year tenure as President, a tenure and recurring fea- unequaled in the history of the Society, he initiated the lecture ture. At each Annual series that now bears his name. He oversaw the expansion Meeting elections are of the fl agship publication, the Journal of Supreme Court held that result in new History from one to three issues annually. The Summer persons joining the Institute for Teachers was inaugurated. He raised the funds leadership and others essential to allow the Society to complete the work on changing their roles. the multi-volume Documentary History of the Court’s But June 2013 marked fi rst decade. The publications expanded to include special a change of such volumes, such as the very popular Illustrated Biographies signifi cance that it can of the Supreme Court Justices; now in its third edition; be characterized as a Brown, Black and White, the story of the landmark true turning point. On school desegregation cases; Supreme Court Decisions & June 3rd, Leon Silverman moved from a position of active Women’s Rights; and other valuable and popular volumes. leadership to become Chairman of the Board Emeritus. Leon also led the drive to purchase and renovate the This signals the end of nearly 30 years of continuing, active Society’s very handsome headquarters at Opperman service to the Society by Leon. House on East Capitol Street. The For many of us, Leon Silverman dedication of the building in 1999 provided our introduction to the marked the culmination of a dream Supreme Court Historical Society. to fi nd a permanent location to serve His name was all but synonymous as the base of operations for Society with the Society for many people activities, house our outstanding for many years. Leon has a gift library, and provide space for for motivating others to become Society meetings and for the use of involved in the projects that have members while they are on Capitol captured his interest, and this has Hill. produced many leaders of the Leon’s dedication to the Society Society over the past 30 years. When and his endearing, outgoing ways he became President in 1991 he earned him the respect and admiration had already been a driving force in of those with whom he worked. He the Society’s fl edgling endowment visited Washington frequently and campaign instituted by Justin developed personal friendships with Stanley. Long-time staff members Society staff members, offi cers and recall his fi rst days in the offi ce staff members of the Court, as well when he perused legal directories of as the Justices, most of whom knew lawyers and began calling or writing him on a fi rst name basis. his many friends and acquaintances Under his leadership, recognition to encourage them, quite strongly, of the Society blossomed and to participate in the Society. Not Leon Silverman, President 1991-2002 membership grew. Of the Society’s only did membership numbers Chair of the Board of Trustees 2002-2013 many successes over the past swell under his Presidency, but vital two decades and more, there are fi nancial support was obtained as few that cannot trace their roots well. to Leon’s imagination and drive. Although he has taken With an expanded and more stable stream of fi nancial Chairman Emeritus Status, he will always be an integral support and refreshed leadership team, he turned to part of the Society. We salute him for his many outstanding developing a plan for expanding the Society’s outreach, in contributions and for his visionary leadership. We are all light of the goals outlined by the incorporators of the Society. benefi ciaries of his legacy, and as we move forward, we will In particular, he focused on programs that would help the continue to build upon the fi rm foundation he laid. Society achieve the educational mission outlined in the By-

2 Annual Meeting continued from page 1 and Roy Englert, Jr. Professor Brad Snyder, author of a on the Annual Lecture will appear in a future issue of the biography of Flood, provided an informative overview and Journal of Supreme Court History. then returned to the podium following the oral argument Following the lecture, Society members and guests toured to talk about Flood’s life after the decision was rendered. the building. This optional tour was also available prior to The “argument” was masterful and all three participants the lecture, under the direction of the Offi ce of the Curator provided an outstanding program. Audience members were of the Court. By offering two separate time slots for tours, unanimous in their assessment that the event was “a home many more members have been able to visit, learning about run.” President Joseph commented that two wonderful lecture programs had already been presented as part of the 2013 Leon Silverman Lecture series. Subsequent to the Annual Meeting, the two remaining lectures were given in the Fall. The theme of the series was Litigants in Landmark Supreme Court Civil Rights Cases of the 20th Century. The lectures were presented to large and appreciative audiences, a testament to the great attention and thought put into planning and executing the programs. Sessions of the Summer Institute for Teachers were held in June. Mr. Joseph expressed his pleasure that the Society was in a position to sponsor two sessions. This outstanding

Ralph I. Lancaster was photographed with his wife and friends shortly after his election as Chair of the Board of Trustees. Those pictured from left to right are: Laura Heery, Mr. Lancaster, Mary Lou Lancaster, and Andrew Prozes. the history and construction of the building, and other interesting historical insights. In addition to being led by knowledgeable guides, the tours provide an opportunity for guests to see portions of the building that are not usually open to the public. The Society is grateful to the Curator of the Court, Catherine Fitts, and to Erin Huckle and Megan Jones for their assistance. At 6 PM, members of the Board of Trustees gathered in the Supreme Court Chamber to hold the Annual Meeting of the Board. President Joseph opened the meeting , welcoming Trustees and their guests and identifying other offi cers present: Philip Kessler, Secretary of the Society and Chair of the Nominating Committee; Robert Juceam, General Counsel; Vice Presidents, Vincent Burke III, Dorothy Goldman, and Jerome Libin; Treasurer Sheldon Cohen; Justice Alito presented an award to Trustee Leon Polsky (left) President Emeritus Ralph Lancaster; and Vice President in recognition of his support of the Society. Emeritus, Barrett Prettyman, Jr. Continued on Page 4 Mr. Joseph presented a brief summary, highlighting some of the Society’s accomplishments over the past fi scal Quarterly year. Turning fi rst to the program activities, he mentioned the outstanding Annual Lecture given earlier in the day. He Published four times yearly in Spring, Summer, Fall, then mentioned other important programs given under the and Winter by the Supreme Court Historical Society, direction of the Society’s Program Committee chaired by 224 E. Capitol Street, N.E., Washington, D.C. 20003. Tel. (202) 543–0400, www.supremecourthistory.org. Kenneth Geller. The most recent was the Frank C. Jones Distributed to members of the Society, law libraries, Reenactment given in May at which time the baseball interested individuals, and professional associations. antitrust case Flood v. Kuhn was reconsidered. Justice Managing Editor Kathleen Shurtleff Sonia Sotomayor “presided” over the oral argument Advisory Editor James B. O’Hara which was presented by noted advocates Pamela Karlan Advisory Editor Frank D. Wagner

3 Annual Meeting continued from page 3 the Court. The Gift Shop offers visitors and on-line customers a wide range of quality items, including publications relating to the Court and gift items. This year books written by Justices have been especially popular. Justice Sotomayor’s autobiography and books written by Justices Scalia, Breyer, Stevens, and O’Connor have sold well. All profi ts from sales at the gift shop are utilized to fund the operations of the Society. Mr. Joseph encouraged all present to support the Society through purchases which are discounted for Society members. The National Membership Campaign was spearheaded again by Christy Jones, of Mississippi. She assembled a wonderful team of volunteer state chairs who reached out to invite their colleagues and friends to join the Society. Mr. Joseph mentioned that several successful chairs would be Trustee Jeffrey E. Stone (left) of McDermott Will and Emory was photographed with Justice Alito on June 3. recognized later in the meeting for achieving their goals, thereby bolstering the ranks of Society membership Following the overview of activities, Mr. Joseph turned professional training program continues to garner high praise to the business portion of the meeting. He called upon from participants and to provide online resource materials Philip Kessler, Secretary of the Society and Chair of the available to all teachers with some portions also available Nominating Committee, to present candidates for election to students. to the Board of Trustees and other offi ces. The following The publications program was very active during the year. persons were nominated to serve an initial three-year term Three issues of the highly respected Journal of Supreme on the Board of Trustees: Laurie Webb Daniel, Paul C. Court History were produced, as well as four issues of the Hilal, Deanne E. Maynard, Willliam G. McGuinness, Quarterly newsletter. Chairman James O’Hara continued to Michael H. Park, Abraham C. Reich and Tal M. Weberg. direct the Committee. Two titles, Courtwatchers and Chef Mr. Kessler presented a second list of nominees proposed Supreme, both of which were published by the Society in FY for election to an additional three-year term as a member 2012, continue to garner strong sales and praise. Currently, of the Board of Trustees. Those individuals were: J. Bruce the Publications Committee is involved with the production Alverson, Hilarie Bass, David Beck, Leonora Burger, of a one-volume history of the federal judiciary. The Society Evan Chesler, Michael Cooper, Steve Cozen, Brackett has partnered with the Federal Judicial Center’s (FJC) Offi ce Denniston, James Goldman, A. E. Dick Howard, Philip of History to provide this volume. It is being written by a Allen Lacovara, Teri McClure, Ted Mirvis, Steven team of nationally recognized legal scholars, Peter Hoffer, Molo, Lucas Morel, Gary Naftalis, Ronald Olson, Barry N.E.H. Hull, and Williamjames Hoffer. The authors have Ostrager, Carter Phillips, Leon B. Polsky, Stephen worked diligently on the manuscript, and currently are ahead Shapiro, Mathew Staver, Cathleen Douglas Stone, of schedule. The anticipated publication date of the volume is Stephen Susman, Anton R. Valukas, Seth P. Waxman, W. 2015 or perhaps early 2016. The Society is proud to sponsor Foster Wollen and Dean Ziehl. this work that will provide a much-needed concise history of the federal courts. The collection of artifacts and memorabilia of historical signifi cance to the history of the Court continues to grow under the direction of Society Vice President Dorothy Goldman. Working closely with Catherine Fitts, Curator of the Court, they work to identify and obtain items of particular signifi cance to the Court and the individuals who have served on it and worked there. Many of the items in the collection are utilized in temporary displays enjoyed by the hundreds of thousands of visitors who tour the building annually. Other items, such as portraits and busts of past members of the Court, are displayed on a more permanent basis. The Society recently bolstered its commitment to the Offi ce of the Curator to provide for purchases of appropriate furnishings and items. Marlene Trestman was awarded the Hughes-Gossett Literary Prize by Justice Alito for her article on the career of Bessie Vincent C. Burke III chairs the Gift Shop Committee of Margolin. 4 As President, Ralph raised the funds to build the Society’s elegant gift shop. The renovation of this space contributed signifi cantly to the architectural fabric of the Supreme Court Building and is a wonderful refl ection on the Society and its goals of supporting the Court in any appropriate way. At the conclusion of his remarks, Mr. Joseph called for a motion to elect the individuals as presented to the positions indicated in the Report of the Nominating Committee. A motion was made, seconded and a vote was taken. All persons were elected to the positions and for the terms as outlined by the Nominating Committee. The elections concluded the business of the Annual Meeting of the Board of Trustees, and Mr. Joseph then turned to conducting the annual awards ceremony. He announced that Justice Samuel Alito, Jr. would assist in presenting awards to those recognized. On behalf of the Society, Trustee James Haynes (left) posed with Justice Alito when he he expressed gratitude to Justice Alito for his wonderful was recognized for his support of the Society. support to the Society and asked the Justice to join him at the podium. The Committee further nominated Thomas Monaghan The fi rst awards presented were literary prizes associated and Arnie Wellman to be elected as Trustees Emeritus. with the Journal of Supreme Court History. The Hughes- The third and fi nal list of candidates included nominations Gossett Literary Prizes recognize the accomplishments of for election as offi cers and members At-Large of the authors whose literary contributions make a meaningful Executive Committee. The following were nominated to contribution to the scholarship on the Supreme Court. The serve in the offi ces indicated: Ralph I. Lancaster Jr. fi rst prize awarded that evening was in recognition of the to election as Chairman of the Board; Leon Silverman best published submission written by an academic, legal as Chairman Emeritus; and Chilton D. Varner to serve practitioner or other author. The recipient of the “Academic as a Vice President for a three-year term. In addition, the Prize” was Marlene Trestman, who was recognized for her following individuals were nominated to fi ll a one-year term article Fair Labor: The Remarkable Life and Legal Career as a member At-Large of the Executive Committee: Charles of Bessie Margolin (1909-1996.) Currently, Ms. Trestman is J. Cooper, Kenneth S. Geller, Maureen E. Mahoney, Teri the special assistant to the Attorney General of Maryland but P. McClure, James W. Morris, John M. Nannes, James is on leave to complete a full-length biography of Margolin B. O’Hara, Theodore B. Olson, Leon B. Polsky, Richard (Doc) Schneider and Seth P. Waxman. Prior to calling for a vote, Mr. Joseph made a few remarks about the proposed change in the offi ce of Chair of the Board of Trustees. He observed that “[to] many, including myself, our outgoing Chairman Leon Silverman has been synonymous with the Supreme Court Historical Society. [Mr. Joseph’s Letter of the President in this issue of the magazine pays special tribute to Leon’s many contributions and long service to the society, so the remarks he made at the Annual Meeting do not appear here.] Another important fi gure in the development and history of the Society is Ralph Lancaster, who was nominated to succeed Leon as Chair of the Board of Trustees. “Ralph did not ask to come out of retirement, but once he was indirectly “volunteered,” he graciously accepted nomination as Chair.” Prior to his service for three years as President of the Society, Ralph had served as a very successful national membership chair and had spear-headed an arduous two-year campaign Vice President Emeritus Barrett Prettyman, Jr. (left) is pictured to secure passage of the John Marshall Coin Bill. Proceeds with Chief Justice Roberts during the reception. Mr. Pretty- from the sales of that coin roughly doubled the Society’s man introduced the Chief Justice to the Society when the Chief Justice practiced law at Hogan Hartson (now Hogan endowment fund, making a very signifi cant and lasting Lovells). contribution to the continued well being of the Society. Continued on Page 6 5 to be published by Louisiana State University Press. The second prize was awarded to recognize the outstanding article authored by an individual who was a student at the time the article was written. The recipient of the 2013 prize was Daniel J. Wisniewski, for his article Heating Up a Case Gone Cold: Revisiting the Charges of Bribery and Offi cial Misconduct made against Supreme Court Justice Robert Cooper Grier in 1854-55.” The paper was written at the time Mr. Wisniewski was a law student at George Mason School of Law, from which he graduated in 2012. Cash awards associated with the Hughes Gossett Prizes were distributed separately. Mr. Joseph announced that the next awards would be made to recognize the work of successful state chairs. Prior to making those awards, he recognized the hard work and dedication of Christy Jones, National Membership Chair who had accepted the daunting task of recruiting and organizing 50-plus state and regional chairs to carry out a Trustee Robert A. Long (left) of Covington Burling received an national membership campaign. Mr. Joseph said that Ms. award from Justice Alito on June 3. Jones had worked hard to fulfi ll her tasks and he thanked her giving, Mr. Leitch has demonstrated great leadership and for her efforts in absentia. ability. This role was expanded in the fi scal year to include In her absence, Mr. Joseph announced the names of the a new initiative to conduct a fund-raising gala in New York. four state chairs present to be recognized for their efforts. The enormously successful event provided approximately They were: Judge Deborah Daniel of Missouri; Francis $650,000 in revenue that will support the many programs Devine III of Pennsylvania; Stephen Gwinn of Texas, and missions of the Society. The honorees for the Gala and John Houlihan of Connecticut. Justice Alito assisted were Ted Ullyot, the outgoing general counsel of Facebook, in making presentations to those successful chairs. and Time-Warner General Counsel, Paul Cappuccio. Vice Mr. Joseph then asked David Leitch, Chair of the President Dorothy Goldman topped off the evening by Development Committee, to announce the awards to be exhibiting her very rare printing of the Constitution which presented recognizing many of the Society’s most faithful and was on view throughout the event. Before ceding the podium generous contributors. He thanked Mr. Leitch for his efforts to to Mr. Leitch, Mr. Joseph expressed particular gratitude to secure the fi nancial support necessary to sustain the Society’s three Society Vice Presidents who have consistently gone operations. Tasked with a number of fundraising efforts that above and beyond the call of duty in terms of generosity and range from the Annual Fund to Corporate and Foundation support. They are: Vincent Burke, Dorothy Goldman and Jerome Libin. Mr. Leitch asked Justice Alito to assist in presenting the awards. Mr. Leitch noted that some of those receiving awards were recognized for personal contributions, while others represented organizations and foundations providing vital support the Society. Those present to be recognized were: Vincent C. Burke III, The Clark-Winchcole Foundation; Sheldon S. Cohen, The Marshall Coyne Foundation; Charles J. Cooper, Cooper Kirk; Dorothy Goldman; Gregory P. Joseph, Law Offi ce of Gregory P. Joseph; Jerome B. Libin, The Park Foundation; Philip J. Kessler, Thompson and Knight; Dennis J. Maggi, American College of Trial Lawyers; Joseph R. Moderow; Gary P. Naftalis, Kramer Levin Naftalis and Frankel; Carter G. Phillips, Sidley Austin; Leon B. Polsky, The Hazen Polsky Foundation; Richard A. Schneider, King and Spalding; Jay Sekulow, American Center for Law and Justice; Kelly J. Shackelford, Liberty Institute; (Left to right) Mrs. Virginia Thomas, Trustee Charles Cooper, Mathew D. Staver, Liberty University; Jeffrey E. Stone, Mrs. Martha Ann Alito and Deborah Cooper renewed friend- McDermott Will and Emory; Thomas H. Tongue; Alan ships during the Reception. 6 that evening were: Chief Justice Roberts, Justice Scalia, Justice Kennedy, Justice Thomas, Justice Ginsburg, Justice Breyer and Justice Alito. After recognizing the members of the Court present, Mr. Joseph called upon Chief Justice Roberts to deliver the traditional toast to the President of the United States. At the conclusion of dinner, Annual Meeting Chair Richard (Doc) Schneider, thanked all who had participated for their support and offered thanks for the outstanding assistance of Marshal Pamela Talkin and the members of her staff who coordinate all of the physical arrangements in the building necessary to make the evening successful. Mr. Schneider then introduced the musical program for the evening which was given by a premier acapella group Dr. Erik Jones (foreground) conducted the Master Singers of from Northern Virginia, The Master Singers. This group is Virginia in a wonderful after-dinner concert on June 3rd. an auditioned, volunteer ensemble comprised of 28 singers. June marked the conclusion of the group’s 18th season. B. Vickery; and David Weinstein. The ensemble was founded by and continues to perform, At the conclusion of the ceremony Mr. Joseph thanked all under the leadership of Dr. Erik Jones. The purpose of the those present, offering thanks again to Justice Alito for his ensemble is to enrich, educate and entertain audiences by assistance, after which he adjourned the meeting. providing high quality artistic programs in Northern Virginia The traditional black tie reception and dinner started at and beyond. The group affords an opportunity for residents 7 PM with the East and West Conference Rooms as the of the area and beyond, to hear and enjoy beautiful and setting for the reception. The Annual Dinner was held in the challenging choral music. The rich harmonies and sound of Great Hall. When dinner was convened, Mr. Joseph gave the group fi lled the marble Great Hall providing a beautiful a brief greeting and thanked the members of the Court for musical conclusion to the day’s program. their participation. The members of the Court who attended

Remembering the 10th Annual Lecture

The once and future colleagues were pho- tographed on May 13, 1985, when then-Judge Antonin Scalia delivered the Society’s 10th Annual Lecture. The photograph includes him (center) with then-Judge Ruth Bader Ginsburg and Linwood Holton (right) who was President of the Society.

On May 13, 1985, then-Judge Antonin Scalia of the Court of Appeals for the DC Circuit presented the Society's Annual Lecture in the Restored Supreme Court Chamber located on the ground fl oor of the US Capitol Building. The "Judge" was accompanied that day by his colleague from the Court of Appeals, Judge Ruth Bader Ginsburg. Judge Scalia was nominated to the Supreme Court of the United States the following year and took the judicial oath of offi ce on Sept. 26, 1986. Judge Ruth Bader Ginsburg was nominated to the Supreme Court in 1993 and assumed her seat on August 10, 1993. 7 STREETLAW Summer Institute 2013 by Street Law, Inc.

In June, 60 dedicated educators from across the nation came to Washington, D.C., to participate in the Supreme Court Summer Institute, an annual professional development program sponsored by Street Law, Inc. and the Supreme Court Historical Society. The participants, who hailed from 33 states, will all be teaching middle school, high school or community college courses related to history, U.S. government, or law in the upcoming school year. This year, the Institute served teachers and students from 18 urban school districts and 15 rural districts. Over a third of the participants teach at schools with signifi cant racial or ethnic diversity. The goal of the Institute is to enable participants to teach students and other educators effectively about the Supreme Court, the cases it hears, and its role in the justice system. Jennifer J. Clark, an associate at Sidley, shares her insights In turn, their students will gain familiarity with the judicial with teachers on clerking for Associate Justice Ruth Bader Ginsburg. branch and be inspired to engage in community and civic participation as they become adults. The Supreme Court Summer Institute gives participants the opportunity to learn style and her obvious expertise on the inner workings of the Supreme Court, Judge Millet struck one teacher as “full of energy and knowledge.” She exemplifi ed the quality of the resource people who lend their time and profi ciency to the Institute to ensure that its participants are fully prepared to instruct their students on the judicial branch. The teachers did not take the caliber of their instructors for granted. As one teacher said, “What has been the most impressive and best part of this Institute is the consistently excellent ORPs (outside resource people)… They are actual participants in the topics, rather than the more typical scholars.” Another notable session included the lesson on nominating a Justice to the Court, which featured panelists Kristi Remington, a principal at Blank Rome Government Relations LLC., who previously worked with the White House Counsel’s Offi ce in the selection and vetting of Pritak A. Shah, Assistant to the Solicitor General, leads the teachers in discussion of the DOMA cases before the Court. about the Supreme Court from those who know it best, including attorneys who have argued before the nine justices, former clerks to the justices, and journalists who cover the Supreme Court “beat.” These dynamic outside resource people walked the teachers through sessions on diverse topics such as the certiorari process, judicial nominations, the history of the Fourteenth Amendment, media coverage of the Court, the infl uence of interest groups, constitutional interpretation, and selected cases from the 2012 – 2013 term. Participants knew they were in for a treat from the very fi rst introductory session led by Patricia A. Millet, recently confi rmed as a Judge of the United States Court of Appeals Teachers prepping for the Moot Court in Florida v. Jardines. for the District of Columbia. With her engaging presentation 8 Teachers working on the Deliberation methodology for leading Sarah E. Harrington, an attorney in the Justice Department, conversations about difficult topics. discusses the Voting Rights Act with the teachers. judicial nominees, and Susan Davies, counsel at Kirkland they deliberated the momentous and controversial same sex & Ellis and former deputy counsel to President Obama. marriage cases. Inside Georgetown Law School’s beautiful The teachers were not only impressed by their knowledge, replica courtroom, the teachers also participated in their own but also by their politically balanced presentation of the moot court, acting as petitioners, respondents, and justices in material. The lessons on media coverage of the Supreme a simulation of Florida v. Jardines. On a particularly exciting Court introduced the participants to renowned journalists day for the teachers, they attended a Supreme Court session Lyle Denniston, dean of the Supreme Court press corps and SCOTUSblog correspondent, and Adam Liptak, Supreme Court correspondent for the New York Times. The teachers were not only amazed to meet the individuals whose names appear below some of the nation’s biggest headlines, but also to get a humanizing understanding of the Supreme Court Justices. Mr. Denniston, who many participants described as “a national treasure” and “living history,” awed the teachers with anecdotes and wisdom yielded by more than 50 years reporting on the Court. The Summer Institute featured not only a great variety of expert resource people, but also an exciting array of interactive activities for teachers to enjoy and implement in their own classrooms. With the help of Pratik Shah, Assistant to the Solicitor General, and Irv Gornstein, Executive Director The "Justices" deliberate after the Moot Court. of the Supreme Court Institute at Georgetown Law Center, and heard the Justices hand down decisions on some of the term’s most noteworthy cases. Later in the day, they enjoyed an informal question and answer session with several former Supreme Court law clerks. To conclude the week, Chief Justice John Roberts and Justice Ruth Bader Ginsburg each hosted a reception for the teachers at the Court. Without these adept resource people, the Supreme Court Summer Institute would not be the highly respected professional development session that it is. Their contributions, for which both Street Law and the institute participants are deeply grateful, will be taken back to schools across the nation, where they will enrich the learning experience of thousands of students.

Ishan Bhabha, an associate at Jenner and Block, shares his experiences clerking for Associate Justice Anthony Kennedy with the teachers. 9 Legal Affinity Group Provides Opportunities for Cooperative Programs By Kathleen Shurtleff*

The educational mission of the Society includes varied Lesperance, a principal in an exhibit design fi rm, who formats, including publications, lectures, reenactments provided ideas about the effective development of exhibits and teacher-training programs. Each of these vehicles from the content side of the problem. Bruce Ragsdale, have proven to be effective tools for providing educational Director of the Federal Judicial History Offi ce discussed outreach about the Supreme Court of the United States and identifying, accessing and using the papers of federal and the federal judiciary. The Society devotes many of its assets state judges when doing research or creating exhibits. These to these activities, but given the limited staff and resources primary source documents are often overlooked but can available, collaborative efforts carried out with historical provide a rich source of supplemental information that can organizations tasked with similar missions provide an be utilized in exhibits and narrative material for museums attractive way to increase the outreach while minimizing the and other institutions. Dan Holt, also of the Federal Judicial outlay of resources. History Offi ce, presented for Michael Hussey of the Over the last fi fteen years, the Society has partnered with National Archives and Records Administration (NARA), historical societies for State Supreme Courts, Circuit Courts, who was unable to travel. This presentation provided insight and other organizations. Partnership with the Historical on how to access and utilize legal case fi les in exhibits and Society of the Courts of New York has resulted in wonderful publications. programs, such as the Oct. 25, 2013 program “Learned in The legal history group sponsored a luncheon speaker, the Law: The Role of the Solicitor General of the United Anne S. Emanuel, who authored a biography of Elbert Parr States.” The Society has also partnered with the Robert Tuttle: Chief Jurist of the Civil Rights Revolution. Tuttle Jackson Center, and the Ohio Judicial Center to sponsor was one of a group that came to be known as the “Fifth Circuit excellent programs. Many of these opportunities have materialized due to the connections forged through a legal history group that meets annually as an affi nity group of the American Association of State and Local History (AASLH). The group was created to provide a forum and network for those working to preserve and promote legal and court history around the nation. Its members include university professors, state and federal court historians and educators, law librarians, archivists, researchers, judicial assistants, members of the US Supreme Court Curator’s Offi ce, and independent legal historical societies. The group has been meeting at the conference for more than a decade to share information, offer assistance to one another and to foster communication among those within the network. In September 2013, the legal history group met in Birmingham, AL, to attend the AASLH annual meeting. The theme for the annul meeting, “Turning Points: Ordinary People, Extraordinary Change,” focused on the civil rights period of the 1960s when Birmingham was a crucible for change. The Legal History Affi nity Group sponsored a session at the conference, “Creating Your Own Courtroom Drama: Using Legal Documents in Exhibits and Programming.” Because courtrooms provided the setting for many civil rights struggles and battles in the 1950s and 1960s, documents relating to these proceedings, and the people involved, provide an important way of telling the story. Many documents found their way into museums and historic sites and offer vast possibilities for effective displays The conference commemorated the 50th Anniversary of the and program development. Birmingham Civil Rights Movement. Attendees visited the The panel presentation included three experts, Mike 18th Street Baptist Church which became a focal point of the movement after a bombing that killed four young girls. 10 Four.” This group of Judges included Tuttle, John Minor Wisdom, John Robert Brown and Richard Rives. Anthony Lewis, a former columnist of the New York Times, described Tuttle’s importance and role in bringing integration to pass in his review of Ms. Emanuel’s book: “As chief judge of the United States Court of Appeals of the Fifth Circuit, covering the Deep South, he rejected all the state legal dodges, [and] the recalcitrance of judges and governors. Anne Emanuel has written a thrilling portrait of this man of conscience and courage.” Ms. Emmanuel’s talk described the process of writing the book, as well as highlighting some of the signifi cant incidents of Tuttle’s career. Prof. Emmanuel clerked for the Judge, and her talk and book provide personal insight into this man. During his remarkable life, he fought in World War I, enlisted at the age of 45 in World War II, and was no stranger to physical or other dangers. His courageous and capable leadership helped to make the promises of the Civil Rights Act a reality in the South. Tuttle was awarded the Presidential Medal of Freedom in 1981 in recognition of his contributions to the advancement of Civil Rights. The following day the affi nity group held a session in the Hugo L. Black Court House. Professor Tony Freyer of the University of Alabama School of Law addressed the group. He shared his experiences about writing histories of federal courts. He discussed the process of gathering materials for such projects, and identifi ed a number of less obvious research sources that had proven to be valuable in his work. He entertained questions and provided an outline of how to get started on writing a history. Between yearly meetings, members of the group exchange information and sources, pose questions, and offer suggestions and solutions to common problems via a list serve. This forum provides an easy and inexpensive way for participants to exchange ideas on an on-going basis, and to receive assistance from others working in similar fi elds. From associations made through this affi nity group, some outstanding partnerships and opportunities have developed. Partnering with other organizations offers rich opportunities This sculpture is part of a memorial to the four girls killed in 1963. It is located in the Kelly Ingram Park which is across to share in the work of developing important programs with the street from the 18th Street Baptist Church where they a minimal fi nancial investment. died. Another example of collaborative efforts is the recent joint opportunity for publishing with Scotusblog. This The group will host a session in St. Paul, MN at the 2014 popular website focuses primarily on the current work of Annual Meeting of AASLH, Further information about the the Supreme Court of the United States, but as the result of group is available by accessing the AASLH website and a partnership with the Society, they are now publishing on clicking on the “Tools” box on the left side of the opening an occasional basis 600-word essays of an historical nature screen, which will lead you to the listing of affi nity groups. that provide a look back at important events in the Court’s Alternatively, please contact the Historical Society at (202) history. The entries are written by scholars associated with 543-0400, or by sending an inquiry through the website at the Journal of Supreme Court History. The article that supremecourthistory.org. follows on page 12 of this issue of the Quarterly is a recent *Kathleen Shurtleff is the Assistant Executive Director example of an entry. It also discusses the 1963 Birmingham for the Supreme Court Historical Society and Managing Civil Rights Protests. Editor for the Quarterly

11 The Good Friday Parade: Birmingham April 12, 1963 By: Deborah A. Roy*

This year marks the 50th Anniversary of the Birmingham injunction modifi ed or dissolved, not willfully violate it. civil rights protests, which led to the passage of the Civil Chief Justice Earl Warren fi led a dissent, writing, “there is Rights Act of 1964 and gave rise to two little-known Supreme only one apparent reason why the city sought this injunction Court cases that deserve to be better known. A more detailed and why the court issued it; to make it possible to punish narrative of these cases will appear in the Journal of petitioners for contempt rather than for violating the Supreme Court History in December 2013. ordinance, and thus to immunize the unconstitutional statute Fifty years ago, segregation was the rule of law in almost and its unconstitutional application from any attack. I regret all public facilities in the City of Birmingham. Since the mid- that this strategy has been so successful.” Rev. Walker, Dr. 1950s, Reverend Fred Shuttlesworth, pastor of the Bethel King, Rev. Shuttlesworth, and fi ve other ministers returned Baptist Church, had been waging a war against segregation. to Birmingham to serve their sentences for violating the Due to his efforts, he may hold the distinction of being a injunction. named petitioner in more Supreme Court cases than any other person. On April 2, 1963, Dr. Martin Luther King, Jr. arrived in Birmingham to join Shuttlesworth in a direct action campaign to end segregation. Non-violent marches were one of the key tactics that the organizers of the Birmingham Campaign sought to employ. A city ordinance, however, required a permit for parades or public demonstrations. On April 3, Shuttlesworth sent Lola Hendricks, the secretary of a local civil rights organization, and the Reverend Ambus Hill of the Lily Grove Baptist Church, to the offi ce of City Commissioner Bull Connor to request a permit to parade or demonstrate on the sidewalks of Birmingham. Connor, an avowed segregationist, responded, “No, you will not get a permit in Birmingham, Alabama to picket. I will picket you over to the City Jail.” Undeterred, the Birmingham Campaign launched with sit-ins and marches; Rev. Fred Shuttlesworth, accompanied by Martin Luther King participants were arrested for parading without a permit. and Ralph Abernathy, leads a march for voter registration in A week later, the City of Birmingham obtained a court Selma, AL. The march was part of the legal or the overall plan to try and win legal victories to end segregation. injunction prohibiting the leaders of the Campaign from parading without a permit. Dr. King had planned a Good Friday march, however, he had never violated a court Two years later, in Shuttlesworth v. City of Birmingham, injunction. Believing that a decision not to march would end a unanimous court overturned Shuttlesworth’s conviction the Campaign, Dr. King, Reverend Shuttlesworth, and 50 for parading without a permit on Good Friday, agreeing other persons marched on Good Friday and were arrested. with Warren that the Birmingham Parade Ordinance in During the week that he spent in jail, Dr. King expressed the 1963 as written and applied was unconstitutional. Four of principle of non-violent direct action to counter pervasive the Justices, who had been in the majority in Walker, gave injustice in his “Letter from a Birmingham Jail.” less deference to a legislative ordinance than a court order. Rev. Wyatt T. Walker, Dr. King, Rev. Shuttlesworth, The fi fth justice in the Walker majority, Tom C. Clark, had and other leaders were convicted of violating the court been replaced by Thurgood Marshall, the fi rst African- injunction. Shuttlesworth was also convicted of violating American to join the Court, but Marshall took no part in the the Birmingham Parade Ordinance. After appeals had slowly Shuttlesworth decision. proceeded through the Alabama state courts, the two cases were heard by the United States Supreme Court. In Walker v. City of Birmingham, decided in 1967, the *Deborah Roy is a Trial Attorney, Antitrust Division, Supreme Court, in a 5-4 decision, upheld the convictions United States Department of Justice. The views expressed are of eight ministers for violating the injunction, fi nding that not purported to refl ect those of the United States Department they should have applied to the Alabama courts to have the of Justice. This article fi rst appeared on SCOTUSblog.

12 Recent Acquisitions: Anna Wroe Curtis Letters By Lauren Van Dyke*

The Supreme Court of the United States recently acquired scene. She discusses the recent publication of Uncle Tom’s a collection of 23 letters written by Anna Wroe Curtis, second Cabin, dramatically recalls President Franklin Pierce’s 1853 wife of Justice Benjamin R. Curtis. The letters were donated Inauguration (see inset), and gossips about Attorney Gen- by William Low and Kathryn Graff Low, along with several eral William Crittenden’s recent marriage. Her descriptions books belonging to of political fi gures Justice Curtis. such as President Benjamin Curtis Milliard Fillmore married Anna and members of Wroe Curtis, the the Court, includ- daughter of his law ing Justices Peter partner Charles V. Daniel, John Ca- Pelham Curtis, on tron, and James M. January 5, 1846. In Wayne, paint an un- addition to the three seen picture of these children they had prominent men. together, Anna also “The old chief cared for Curtis’ (Roger B. Taney) three surviving is as pleasant & children from his chatty as he is ugly fi rst marriage. & that is saying Their lives were much. He said he dramatically chan- took his family to ged on October P[oin]t Comfort last 10, 1851, when summer & had more Benjamin Curtis, a Anna W. Curtis described the political scene in Washington. This drawing de- time with his family picts the Inauguration of President Franklin Pierce, 1853. When it appeared the prominent lawyer caption read “One man supported himself affectionately on Ben’s shoulders than he had for thirty in Boston, joined notwithstanding the gown, until Ben turned round and requested him to take years. I asked him the Supreme Court. his hand off his shoulder.” if his family liked His family relocated him as they became to Washington D.C. each winter for the Supreme Court’s better acquainted with him & he said he thought they did Term, often renting a house in the city before returning to that one of his daughters asked him once to go to walk Massachusetts for the summers. which he thought showed that he was agreeable.” Justice Curtis’ six years of service on the Court are Anna’s fresh voice also illuminates daily life in the 1850s, perhaps best remembered for his dissent in the infamous highlighting the challenges in establishing and managing Dred Scott decision, which contributed to his resignation in a household in a new city, while raising her children and 1857. After leaving the Court, Curtis and his family returned supporting her husband in social engagements. Her personal to Boston where he resumed his prosperous legal practice. refl ections on motherhood and family life are honest and The couple remained happily married until Anna’s sudden timeless. She writes of her youngest daughter: death on April 24, 1860. “Dinkie has acquired the use of scissors & she was The collection of letters written by Anna Curtis highlights so much delighted to fi nd she could cut, that I bought the Curtis’ time in Washington D.C., bringing to life the her a pair with round ends. Last week I found a good political and social events of the city in the 1850s. Writing slice taken from Mrs. Ingerham’s tablecloth & yesterday to her family at home in Massachusetts, Anna details the a slice into a new mantilla belonging to Nannie’s doll. everyday events of a young mother and wife of a Supreme I told her the scissors would disappear if I found any Court Justice in antebellum Washington. Juxtaposing tales more.” of her children learning to walk with dinners at the White House, she provides a unique perspective on the concerns and events of the day. *Lauren Van Dyke is the Curatorial Assistant for the Anna’s letters candidly comment on popular culture and Curator in the Supreme Court. For more information about the personalities present in the Washington D.C. political this collection, please contact the Offi ce of the Curator. 13 NEW SUPREME COURT HISTORICAL SOCIETY MEMBERSHIPS April 1, 2013 – June 30, 2013

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2013 Supreme Court Christmas Ornament

A dimensional Supreme Court is featured on the 2013 ornament. The background details of this dimensional ornament are taken from the coff ered ceiling of the Upper Great Hall and the carpets of the East and West Conference Rooms. The rosettes surround the building to appear as a snowfl ake. The Supreme Court Seal is embossed on the reverse side of the ornament. The 2013 ornament is plated in 24kt. gold and compliments the other ornaments in the Supreme Court Historical Society series. This ornament is packaged in a beautiful box, perfect for gift-giving and years of enjoyment. Price: $24.95

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